MILITARY TOXICS PROJECT v. E.P.A.

No. 97-1342.

146 F.3d 948 (1998)

MILITARY TOXICS PROJECT, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1998.


Attorney(s) appearing for the Case

Tanya D. Greeley and Todd M. Hooker, student counsel, argued the cause for petitioner, with whom Rena I. Steinzor, Attorney, Charles Dodge, Eric Manas, Erik Rosanes, Lori Schectel and Anne Ward, student counsel, were on the briefs.

Naikang Tsao and David J. Kaplan, Attorneys, U.S. Department of Justice, argued the cause for respondents, with whom Lois J. Schiffer, Assistant Attorney General, and Jonathan Z. Cannon, General Counsel, Environmental Protection Agency, were on the brief.

Douglas H. Green argued the cause for intervenor-applicants Chemical Manufactures Association, et al., with whom Ronald A. Shipley, James W. Conrad, Jr., and David F. Zoll were on the joint brief.

Before: EDWARDS, Chief Judge; GINSBURG and TATEL, Circuit Judges.


GINSBURG, Circuit Judge:

The Military Toxics Project seeks review of a final rule promulgated by the Environmental Protection Agency establishing the circumstances in which military munitions are deemed hazardous waste for purposes of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. See Military Munitions Rule, 62 Fed.Reg. 6622 (1997) (challenged portions codified at 40 C.F.R. Pt. 266). For the reasons set out below, we deny the...

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